Civil Rights
| Limited English Proficiency |
|
| A person may have Limited English Proficiency, or "LEP," if he or she does not speak English as a primary language or has a limited ability to read, speak, write, or understand English. The federal government has determined that these individuals may be entitled to interpreters, translators, or other "language assistance" needed to access or to participate in certain services or benefits, such as voting, education, and medical care.
More... |
|
|
| The Sixth Amendment and Sentencing Guidelines |
|
| The United States Supreme Court has ruled that a Washington state sentencing scheme was unconstitutional because a sentencing judge could enhance a sentence based on facts that had never been presented to a jury. The Court held that facts often used by a sentencing court to enhance or increase a sentence first had to be proven to a jury in order to guarantee the Sixth Amendment's right to a jury trial. The holding sent shock waves through courts across the nation because the ruling raised many doubts as to the constitutionality of the U.S. Sentencing Guidelines.
More... |
|
|
| Same Sex Survivor Benefits |
|
| The same sex marriage battle continues to intensify. State and federal legislators have proposed "Defense of Marriage" laws, some of which have become laws. In November 2004, voters in 11 states passed state constitutional amendments banning same sex marriage. Conservative, religious, liberal, and civil rights groups continue the debate over whether same sex couples should be permitted to enter into legal marriage. Those in favor of same sex marriages say that same sex couples seek "marriage equality" for the same reasons that everyone else does: to protect their relationships and to receive the same benefits and recognition as heterosexual couples and their families. Among those benefits are survivor or death benefits.
More... |
|
|
| The Freedom of Religion in Prisons |
|
| The federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) says in part that no government shall impose a substantial burden on the religious exercise of anyone confined to a federally-funded government institution, including prisons and jails. RLUIPA requires prisons to accommodate the religions practiced by inmates. The law allows governmental authorities to interfere with religious practices only if they can show a "compelling governmental interest." Often, prison security and discipline have been found to be sufficient reasons to restrict inmates' religious practices.
More... |
|
|
| Feeding Tube Law Declared Unconstitutional |
|
| A Florida woman died nearly two weeks after doctors, under court order, removed her feeding tube for the third and final time. The woman's parents suffered a string of legal settbacks after the removal of the tube, both in state and federal courts, trying to get her feeding tube reconnected. More... |
|
|